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to be looked at seriously. >> judge jeanine: the obama administration has indicated they are going through the public safety exception but you all indications are that they want to prosecute this guy in the federal court. having said that when the police came out and said that, you know, this is no longer a danger here. haven't they in essence destroyed the public safety exception by saying everything is okay, everybody can come out, all is well? >> here is the problem. they made that statement and then about ten minutes later they engaged the defendant. the accused. so all was not well. and i understand the police were making the best effort. i think they did a heroic and fantastic job. i'm not sure that would be dispositive. i think the whole idea of mirandizing this individual is a mistake from the get go. i have done a lot of work with the justice department, worked with treasury. i hate that they are going down this route but looks like that is the road they go down. >> judge jeanine: it does seem that they will go through the federal criminal justice system. having said that is ther
. the legalization if you're an american and overseas and participating -- >> the obama administration has used this legal argument to justify their drone attacks. it's not unfamiliar to them. >> about a year ago or so, the nypd came under fire for some listening in this -- using surveillance techniques on certain groups. >> in new jersey. >> in new jersey. >> right. >> there was a thing going back and forth between new york, new jersey, whether they were allowed to do this or not. with all this going on, aren't we making the case for more of that rather than less of that? >> yeah, we have to do more of it. it's very uncomfortable. it's very -- none of us want to give up any of our privacy, understandable. the reality is this is how you stop them. this is the only way you have to stop them. that is getting the information in advance. they're doing everything they can to hide what they're doing. law enforcement, intelligence agencies, they have to be able to do everything they can to intrude into them to find out what they're doing. >> mayor, as far as i can tell, we knew about nidal malik hasan
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